Legal Opinion
Lamanna v. EFS Services, Inc. (In Re Lamanna)
United States Bankruptcy Court, D. Rhode Island
Decided October 15, 2002No. Bankruptcy No. 01-10522, Adversary Nos. 01-1043, 01-1044PublishedCited by 12 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Bankruptcy Judge.
Heard on the Debtor, Linda A. Lamanna’s Complaint to determine the discharge-ability of her Student Loan obligations under 11 U.S.C. § 523(a)(8) or, alternatively, under 11 U.S.C. § 105(a). The main issue presented is whether under 11 U.S.C. § 523(a)(8) the Bankruptcy Court has authority to partially discharge student loan obligations upon a finding of undue hardship. As a fallback position the Debtor argues that the Court has authority to grant a partial discharge under its 11 U.S.C. § 105(a) equitable powers. Educational Credit…
2Cases cited15 opinions
- The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
- Andresen v. Nebraska Student Loan Program, Inc. (In Re Andresen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- In the Matter of Oxford Management, Inc., Debtor. Michael Chiasson, Trustee of Chapter 7 Bankruptcy Estate of Oxford Management, Inc. v. J. Louis Matherne and Associates, in the Matter of Oxford Management Inc., Debtor. Michael Chiasson, Trustee of Chapter 7 Bankruptcy Estate of Oxford Management, Inc. v. Katherine A. BinglerCourt of Appeals for the Fifth Circuit · 1993
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
- Hicks v. Educational Credit Management Corp. (In Re Hicks)United States Bankruptcy Court, D. Massachusetts · 2005
- Educational Credit Management Corp. v. Kelly (Kelly)Bankruptcy Appellate Panel of the First Circuit · 2004
- In Re BrunellUnited States Bankruptcy Court, D. Massachusetts · 2006
- Paul v. Suffolk University (In Re Paul)United States Bankruptcy Court, D. Massachusetts · 2006
7 more not listed; retrieve them via the Exa API.